The White House may be exploring obscure ethics rules to try to weaken special counsel's Russia investigation

NEW
YORK, NY - NOVEMBER 08: President-elect Donald Trump embraces son
in law Jared Kushner (R), as his daughter Ivanka Trump, (L),
stands nearby, after his acceptance speech at the New York Hilton
Midtown in the early morning hours of November 9, 2016 in New
York City. Donald Trump defeated Democratic presidential nominee
Hillary Clinton to become the 45th president of the United
States.Photo by Mark Wilson/Getty
Images

The Trump administration is exploring whether it can use an
obscure ethics rule to undermine the special counsel
investigation into ties between President Donald Trump's campaign
team and Russia, two people familiar with White House thinking
said on Friday.

Trump has said that Deputy Attorney General Rod Rosenstein's
hiring of former FBI Director Robert Mueller as special counsel
to lead the investigation "hurts our country terribly."

Within hours of Mueller's appointment on Wednesday, the White
House began reviewing the Code of Federal Regulations, which
restricts newly hired government lawyers from investigating their
prior law firm’s clients for one year after their hiring, the
sources said.

An executive order signed by Trump in January extended that
period to two years.

Mueller's former law firm, WilmerHale, represents Trump's
son-in-law Jared Kushner, who met with a Russian bank executive
in December, and the president's former campaign manager Paul
Manafort, who is a subject of a federal investigation.

Legal experts said the ethics rule can be waived by the Justice
Department, which appointed Mueller. He did not represent Kushner
or Manafort directly at his former law firm.

If the department did not grant a waiver, Mueller would be barred
from investigating Kushner or Manafort, and this could greatly
diminish the scope of the probe, experts said.

The Justice Department is already reviewing Mueller's background
as well as any potential conflicts of interest, said department
spokeswoman Sarah Isgur Flores.

Even if the Justice Department granted a waiver, the White House
would consider using the ethics rule to create doubt about
Mueller's ability to do his job fairly, the sources said.
Administration legal advisers have been asked to determine if
there is a basis for this.

Under this strategy, the sources said the administration would
raise the issue in press conferences and public statements.

Moreover, the White House has not ruled out the possibility of
using the rule to challenge Mueller’s findings in court, should
the investigation lead to prosecution.

Focus on casting a cloud over Mueller

Robert
Mueller.REUTERS/Yuri
Gripas

But the administration is now mainly focused on placing a cloud
over his reputation for independence, according to the sources,
who spoke on the condition of anonymity.

Kathleen Clark, a professor of legal ethics at Washington
University School of Law, said the Justice Department can grant a
waiver if concerns about bias are minimal.

She said subjects of the investigation could later argue that its
results cannot be trusted, but she believes the argument would
not stand up in court.

The White House did not respond to a request for comment on
whether it is reviewing the ethics rule in order to undermine
Mueller's credibility.

Mueller's former colleagues at WilmerHale, James Quarles and
Aaron Zebley, are expected to join his investigation, according
to a spokeswoman for the law firm. Neither Quarles nor Zebley
represented Kushner or Manafort.

Mueller will now lead the ongoing Federal Bureau of Investigation
probe into Trump's associates and senior Russian officials.

Unlike Kenneth Starr, the independent counsel appointed by a
three-judge panel to investigate Bill and Hillary Clinton's real
estate holdings in the 1990s, Mueller depends on the Justice
Department for funding and he reports to Rosenstein, who was
appointed by Trump.

When he announced Mueller's appointment this week, Rosenstein
said Mueller will have "all appropriate resources to conduct a
thorough and complete investigation."

(Reporting by Julia Edwards Ainsley, additional reporting by Gina
Chon in Washington and Jan Wolfe in New York; Editing by Kevin
Drawbaugh and Cynthia Osterman)

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